JUDGMENT

Amarendra Nath Sen, J. - Samaresh Bose, the first appellant, is a well-known writer of Bengali Novels and stories. He is the author of a novel which under the caption Prajapati came to be published in Sarodiya Desh (the annual pooja number of the Bengali Journal Desh) for the Bengali year 1374 B. S. Desh is a journal of repute with wide circulation and the puja number is read by lovers of Bengali literature of all age groups all over India, Sitangshu Kumar Dasgupta, the second appellant was the publisher and the printer of the journal at the relevant time.

2. On the 2nd of February 1968, Amal Mitra, a young Advocate, made an application in the Court of the chief Presidency Magistrate at Calcutta complaining that the said novel Prajapati "contains matters which are obscene and both the accused persons have, sold, distributed, printed and exhibited the same which has the tendency to corrupt the morals of these in whose hands the said Sarodiya Desh may fall and the reading public as well" and "both the accused persons have committed an offence punishable under section 292 Indian Penal Code (I.P.C. for short) and under .section 292 read with section 109 I.P.C.

3. On the basis of